Conditional rezoning proffers; extensive changes to conditional zoning provisions. (HB2342)

Introduced By

Del. Bob Thomas (R-Stafford) with support from co-patrons Del. Kathleen Murphy (D-McLean), and Sen. John Bell (D-Chantilly)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Conditional rezoning proffers. Makes extensive changes to conditional zoning provisions first enacted in 2016. Specific amendments include the addition of provisions stating that no local governing body shall require any unreasonable proffer, as described in current law. Under current law, no locality may request or accept any unreasonable proffer. Other changes (i) allow an applicant to submit any onsite or offsite proffer that the applicant deems reasonable and appropriate, as conclusively evidenced by the signed proffers, and (ii) state that nothing in the bill shall be deemed or interpreted to prohibit communications between an applicant or owner and the locality or to prohibit presentation, analysis, or discussion of the potential impacts of new residential development or other new residential use on the locality's public facilities. The provisions of the bill are effective as to any application for a rezoning filed on or after July 1, 2019, or for a proffer condition amendment amending a rezoning that was filed on or after July 1, 2019, or to certain other pending applications. The bill also provides that an applicant with a pending rezoning application for a rezoning or proffer condition amendment that was filed prior to July 1, 2016, may continue to proceed under the law as it existed prior to that date, and an applicant with a pending rezoning application filed on or after July 1, 2016, but before July 1, 2019, or proffer condition amendment application amending a rezoning for which the application was filed on or after July 1, 2016, but before July 1, 2019, may continue to proceed under the law as it existed during that period. This bill is identical to SB 1373. Read the Bill »


Bill Has Passed


01/08/2019Prefiled and ordered printed; offered 01/09/19 19104303D
01/08/2019Referred to Committee on Counties, Cities and Towns
01/14/2019Assigned CC & T sub: Subcommittee #2
01/16/2019House subcommittee amendments and substitutes offered
01/16/2019Subcommittee recommends reporting with substitute (6-Y 1-N)
01/18/2019House committee, floor amendments and substitutes offered
01/18/2019Reported from Counties, Cities and Towns with substitute (18-Y 2-N) (see vote tally)
01/18/2019Committee substitute printed 19104992D-H1
01/22/2019Read first time
01/23/2019Read second time
01/23/2019Committee substitute agreed to 19104992D-H1
01/23/2019Engrossed by House - committee substitute HB2342H1
01/24/2019Read third time and passed House (90-Y 7-N)
01/24/2019VOTE: PASSAGE (90-Y 7-N) (see vote tally)
01/25/2019Constitutional reading dispensed
01/25/2019Referred to Committee on Local Government
02/12/2019Reported from Local Government (11-Y 1-N) (see vote tally)
02/14/2019Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/15/2019Read third time
02/15/2019Passed Senate (28-Y 10-N 1-A) (see vote tally)
02/20/2019Bill text as passed House and Senate (HB2342ER)
02/20/2019Signed by Speaker
02/20/2019Signed by President
02/27/2019Enrolled Bill communicated to Governor on February 27, 2019
02/27/2019G Governor's Action Deadline Midnight, March 26, 2019
03/05/2019G Approved by Governor-Chapter 245 (effective - see bill)
03/05/2019G Acts of Assembly Chapter text (CHAP0245)